Kaplan University PA301: ADMINISTRATIVE LAW Unit 2 Seminar: Delegation

Written Assignment The Final Project in this course is a Memorandum of Law, in which you will discuss and analyze the legal issues involved in a situation. For the Unit 3 written assignment, you will submit a list of the major points (issues) you intend to discuss and the major sources you intend to use as references in your final paper. Include a list of major Constitutional issues and any assumptions you intend to incorporate into the facts when making your analysis. This assignment is not an essay, you should simply list the major points, resources, and additional facts necessary. Remember to include a cover page.

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Delegation You have already learned that the function of agencies involves exercise of powers held by each of the three branches of government. Thus, in creating an administrative agency, one or more of the three branches of government has delegated some authority to an agency. As your text states “When Congress delegates its authority to make laws to an agency, the agency is receiving quasi-legislative authority. Agency-created laws are not known as statutes, as are the laws created by Congress. Instead, they are referred to as rules or regulations. When Congress gives an agency the responsibility to hear disputes as a court would, the agency has been delegated quasi-judicial power.”

Delegation However, such delegation must be reasonable, because when Congress delegates authority – whether it’s own authority or quasi-judicial authority – fundamental Constitutional questions are raised. How much delegation is permitted? Are there powers that cannot be delegated?

Delegation Congress cannot delegate too much of its own authority to an agency. Congress cannot delegate its own essential functions or the essential functions of the judicial branch. The Senate may not delegate authority to ratify a treaty to one of its committees or to an agency, because ratification of treaties is an essential function of the Senate. Congress may not make a delegation that gives one branch oversight or control over an agency that is performing the functions of another branch. For example, Congress can give an agency the authority to conduct hearings—a judicial function—but it may not attempt to direct the decisions that the agency makes when performing its delegated judicial duties. Limitations on congressional authority to delegate are known as the delegation doctrine.

Delegation Intelligible Principle Doctrine: Doctrine that requires Congress to provide agencies with legitimate, comprehensible guidelines to limit the authority of the agency when exercising delegated rulemaking authority. Standards: A set of rules or guidelines from which an agency or person must work.

Delegation EXAMPLE: Imagine that an executive agency is created, and given authority to apportion water flowing in a river system that traverses several states. The enabling legislation provides “The Director shall have authority to apportion water to each state in an appropriate manner.” Does this satisfy the Delegation Doctrine? Does it provide sufficient standards?

Delegation How might the example be changed, in order to satisfy the Delegation Doctrine and provide an acceptable standard?

Delegation The text includes several cases that provide a more detailed picture the history of delegation, and of how the delegation doctrine works in practice. You should carefully read those cases to gain a more detailed understanding of how administrative agency rulemaking has evolved over the years. In our increasingly complex world, the power of administrative agencies in our day to day lives is unlikely to diminish, and will likely continue to increase. An understanding of the basic principles guiding Congress as it establishes executive agencies will be a valuable resource for all persons working in the law.

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